The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

One cell phone (No. 2) seized shall be confiscated.

1. Summary of grounds for appeal;

A. Since the Defendant recognized the crime of this case as dolusorily and was in charge of the collection of the amount of fraudulent damage, the Defendant constitutes joint principal offenders by recognizing the intention of joint processing and joint execution.

Nevertheless, the lower court determined that only aiding and abetting the Defendant was established, and the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence) is too uneased and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case is as follows: (a) the infinites (i.e., a single person B, etc.), who were the members of the phishing fraud organization, gathered the crime of fraud by deceiving the victim, and allowing the victim to deliver the amount of damage from cash collection measures; and (b) the Defendant conspired in order to collect the amount of damage and deliver it to the finites.

위 B는 2019. 3. 21. 19:25경 사실은 피해자의 딸을 납치한 사실이 없음에도 피해자 C에게 전화를 걸어 “엄마 나 성폭행 당했어. 총도 들고 있어.”라며 울고 있는 여자 목소리를 들려주면서 “니 딸을 데리고 있다. 돈을 주지 않으면 대가리에 총을 쏴버리겠다.”라고 거짓말을 하였다.

On March 21, 2019, at around 20:50, the Defendant was waiting to receive KRW 7 million from the victim before the exit of 7.38,00,000 from the victim, in accordance with B’s instruction, and was waiting to receive KRW 7 million from the victim before the exit of 9,00,000,00,000 from the male-nam-si, Sungnam-si.

Accordingly, the Defendant, in collusion with the above assistant employees, attempted to induce the victim and receive 7 million won from the victim, but failed to commit the crime.

B. The lower court, based on its stated reasoning, determined that the Defendant committed the instant crime.